H.R. 3080 — what changed

removed Section 214 of the Water Resources Development Act of 2000 (33 U.S.C. 2201 note) is amended—

removed “2045. Streamlined project delivery

removed “(a) Definitions—In this section, the following definitions apply:

removed “(1) Environmental impact statement—The term “environmental impact statement” means the detailed statement of environmental impacts required to be prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

removed “(2) Environmental review process

removed “(A) In general—The term “environmental review process” means the process of preparing an environmental impact statement, environmental assessment, categorical exclusion, or other document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project study.

removed “(B) Inclusions—The term “environmental review process” includes the process for and completion of any environmental permit, approval, review, or study required for a project study under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

removed “(3) Federal jurisdictional agency—The term “Federal jurisdictional agency” means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a project study under applicable Federal laws, including regulations.

removed “(4) Project—The term “project” means a Corps of Engineers water resources project.

removed “(5) Project sponsor—The term “project sponsor” means the non-Federal interest as defined in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b).

removed “(6) Project study—The term “project study” means a feasibility study for a project carried out pursuant to section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282).

removed “(b) Applicability—The procedures in this section are applicable to all project studies initiated after the date of enactment of the Water Resources Reform and Development Act of 2013 and for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and may be applied, to the extent determined appropriate by the Secretary, to other project studies initiated after such date of enactment and for which an environmental review process document is prepared under such Act.

removed “(c) Lead agencies

removed “(1) Federal lead agency—The Corps of Engineers shall be the Federal lead agency in the environmental review process for a project study.

removed “(2) Non-Federal project sponsor as joint lead agency—At the discretion of the Secretary and subject to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a non-Federal project sponsor that is an agency defined in subsection (a)—

removed “(A) may serve as a joint lead agency with the Corps of Engineers for purposes of preparing any environmental review process document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

removed “(B) may assist in the preparation of any such environmental review process document required under the National Environmental Policy Act of 1969 if the Secretary provides guidance in the preparation process, participates in preparing the document, independently evaluates that document, and approves and adopts the document before the Secretary takes any subsequent action or makes any approval based on that document.

removed “(3) Adoption and use of documents—Any environmental review process document prepared in accordance with this subsection shall be adopted and used by any Federal agency in making any approval of a project subject to this section as the document required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the same extent that the Federal agency may adopt or use a document prepared by another Federal agency under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

removed “(4) Roles and responsibility of Federal lead agency—With respect to the environmental review process for any project, the Federal lead agency shall have authority and responsibility—

removed “(A) to take such actions as are necessary and proper, within the authority of the Federal lead agency, to facilitate the expeditious resolution of the environmental review process for the project study; and

removed “(B) to prepare or ensure that any required environmental impact statement or other document for a project study required to be completed under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is completed in accordance with this section and applicable Federal law.

removed “(d) Participating and cooperating agencies

removed “(1) Identification—The Federal lead agency shall identify, as early as practicable in the environmental review process for a project study, any Federal or State agency, local government, or Indian tribe that may—

removed “(A) have jurisdiction over the project;

removed “(B) be required by law to conduct or issue a review, analysis, opinion, or statement for the project study; or

removed “(C) be required to make a determination on issuing a permit, license, or other approval or decision for the project study.

removed “(2) Invitation

removed “(A) In general—The Federal lead agency shall invite any such agency identified under paragraph (1) to become a participating or cooperating agency in the environmental review process for the project study.

removed “(B) Deadline—An invitation to participate issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted, which may be extended by the Federal lead agency for good cause.

removed “(3) Federal cooperating agency—Any Federal agency that is invited by the Federal lead agency to participate in the environmental review process for a project study shall be designated as a cooperating agency by the Federal lead agency unless the invited agency informs the Federal lead agency, in writing, by the deadline specified in the invitation that the invited agency—

removed “(A) has no jurisdiction or authority with respect to the project;

removed “(B) has no expertise or information relevant to the project study; and

removed “(C) does not intend to submit comments on the project study.

removed “(4) Effect of designation

removed “(A) Requirement—A participating or cooperating agency shall comply with the requirements of this section and any schedule established under this section.

removed “(B) Implication—Designation under this subsection shall not imply that the participating or cooperating agency—

removed “(i) supports a proposed project; or

removed “(ii) has any jurisdiction over, or special expertise with respect to evaluation of, the project.

removed “(5) Concurrent reviews—Each participating or cooperating agency shall—

removed “(A) carry out the obligations of that agency under other applicable law concurrently and in conjunction with the required environmental review process unless doing so would prevent such agency from conducting needed analysis or otherwise carrying out their obligations under those other laws; and

removed “(B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the environmental review process in a timely, coordinated, and environmentally responsible manner.

removed “(e) Programmatic compliance

removed “(1) In general—The Secretary shall issue guidance regarding the use of programmatic approaches to carry out the environmental review process that—

removed “(A) eliminates repetitive discussions of the same issues;

removed “(B) focuses on the actual issues ripe for analyses at each level of review;

removed “(C) establishes a formal process for coordinating with participating and cooperating agencies, including the creation of a list of all data that is needed to carry out the environmental review process; and

removed “(D) complies with—

removed “(i) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

removed “(ii) all other applicable laws.

removed “(2) Requirements—In carrying out paragraph (1), the Secretary shall—

removed “(A) as the first step in drafting guidance under that paragraph, consult with relevant Federal and State agencies, local governments, Indian tribes, and the public on the use and scope of the programmatic approaches;

removed “(B) emphasize the importance of collaboration among relevant Federal agencies, State agencies, local governments, and Indian tribes in undertaking programmatic reviews, especially with respect to reviews with a broad geographical scope;

removed “(C) ensure that the programmatic reviews—

removed “(i) promote transparency, including of the analyses and data used in the environmental review process, the treatment of any deferred issues raised by a Federal or State agency, local government, Indian tribe, or the public, and the temporal and special scales to be used to analyze those issues;

removed “(ii) use accurate and timely information in the environmental review process, including—

removed “(I) criteria for determining the general duration of the usefulness of the review; and

removed “(II) the timeline for updating any out-of-date review;

removed “(iii) describe—

removed “(I) the relationship between programmatic analysis and future tiered analysis; and

removed “(II) the role of the public in the creation of future tiered analysis; and

removed “(iv) are available to other relevant Federal and State agencies, local governments, Indian tribes, and the public;

removed “(D) allow not less than 60 days of public notice and comment on any proposed guidance; and

removed “(E) address any comments received under subparagraph (D).

removed “(f) Coordinated reviews

removed “(1) Coordination plan

removed “(A) Establishment—The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish a plan for coordinating public and agency participation in and comment on the environmental review process for a project study.

removed “(B) Incorporation—In developing the plan established under subparagraph (A), the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013.

removed “(2) Schedule

removed “(A) In general—The Federal lead agency, after consultation with each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable, shall establish, as part of the coordination plan established in paragraph (1)(A), a schedule for completion of the environmental review process for the project study. In developing the schedule, the Federal lead agency shall take under consideration the scheduling requirements under section 101 of the Water Resources Reform and Development Act of 2013.

removed “(B) Factors for consideration—In establishing the schedule, the Federal lead agency shall consider factors such as—

removed “(i) the responsibilities of participating and cooperating agencies under applicable laws;

removed “(ii) the resources available to the participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable;

removed “(iii) the overall size and complexity of the project;

removed “(iv) the overall schedule for and cost of the project; and

removed “(v) the sensitivity of the natural and historic resources that may be affected by the project.

removed “(C) Consistency with other time periods—A schedule under subparagraph (A) shall be consistent with any other relevant time periods established under Federal law.

removed “(D) Modification—The Federal lead agency may—

removed “(i) lengthen a schedule established under subparagraph (A) for good cause; or

removed “(ii) shorten a schedule only with the concurrence of the affected participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable.

removed “(E) Dissemination—A copy of a schedule established under subparagraph (A) shall be—

removed “(i) provided to each participating and cooperating agency and the non-Federal project sponsor or joint lead agency, as applicable; and

removed “(ii) made available to the public.

removed “(3) Comment deadlines—The Federal lead agency shall establish the following deadlines for comment during the environmental review process for a project study:

removed “(A) Draft environmental impact statements—For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after such document is made publicly available, unless—

removed “(i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or

removed “(ii) the deadline is extended by the Federal lead agency for good cause.

removed “(B) Other comment periods—For all other comment periods established by the Federal lead agency for agency or public comments in the environmental review process, a period of not more than 30 days after the date on which the materials for which comment is requested are made available, unless—

removed “(i) a different deadline is established by agreement of the Federal lead agency, all participating and cooperating agencies, and the non-Federal project sponsor or joint lead agency, as applicable; or

removed “(ii) the deadline is extended by the Federal lead agency for good cause.

removed “(4) Deadlines for decisions under other laws

removed “(A) Prior Approval deadline—If a participating or cooperating agency is required to make a determination regarding or otherwise approve or disapprove the project study prior to the record of decision or finding of no significant impact, such participating or cooperating agency shall make such determination or approval not later than 30 days after the Federal lead agency publishes notice of the availability of a final environmental impact statement or other final environmental document, or not later than such other date that is otherwise required by law, whichever occurs first.

removed “(B) Other deadlines—With regard to any determination or approval of a participating or cooperating agency that is not subject to subparagraph (A), each participating or cooperating agency shall make any required determination or otherwise approve or disapprove the project study not later than 90 days after the date that the Federal lead agency approves the record of decision or finding of no significant impact for the project study, or not later than such other date that is otherwise required by law, whichever occurs first.

removed “(C) Record closed—In the event that any participating or cooperating agency fails to make a determination or approve or disapprove the project study within the applicable deadline described in subparagraph (A), the Federal lead agency may close the record and find the record sufficient for the project study as it relates to such agency determination or approval.

removed “(g) Issue identification and resolution

removed “(1) Cooperation—The Federal lead agency and participating and cooperating agencies shall work cooperatively in accordance with this section to identify and resolve issues that may delay completion of the environmental review process or result in the denial of any approval required for the project study under applicable laws.

removed “(2) Federal lead agency responsibilities

removed “(A) In general—The Federal lead agency shall make information available to the participating and cooperating agencies as early as practicable in the environmental review process regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration.

removed “(B) Data sources—Such information under subparagraph (A) may be based on existing data sources, including geographic information systems mapping.

removed “(3) Participating and cooperating agency responsibilities—Based on information received from the Federal lead agency, participating and cooperating agencies shall identify, as early as practicable, any issues of concern regarding the potential environmental or socioeconomic impacts of the project, including any issues that may substantially delay or prevent an agency from granting a permit or other approval that is needed for the project study.

removed “(4) Accelerated issue resolution and elevation

removed “(A) In general—Upon the request of a participating or cooperating agency or non-Federal project sponsor, the Secretary shall convene an issue resolution meeting with the relevant participating and cooperating agencies and the non-Federal project sponsor or joint lead agency, as applicable, to resolve issues that may—

removed “(i) delay completion of the environmental review process; or

removed “(ii) result in denial of any approval required for the project study under applicable laws.

removed “(B) Meeting date—A meeting requested under this paragraph shall be held not later than 21 days after the date on which the Secretary receives the request for the meeting, unless the Secretary determines that there is good cause to extend that deadline.

removed “(C) Notification—Upon receipt of a request for a meeting under this paragraph, the Secretary shall notify all relevant participating and cooperating agencies of the request, including the issue to be resolved and the date for the meeting.

removed “(D) Elevation of issue resolution—If a resolution cannot be achieved within 30 days after a meeting under this paragraph and a determination is made by the Secretary that all information necessary to resolve the issue has been obtained, the Secretary shall forward the dispute to the heads of the relevant agencies for resolution.

removed “(E) Convention by Secretary—The Secretary may convene an issue resolution meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under subparagraph (A).

removed “(h) Streamlined documentation and decisionmaking

removed “(1) In general—The Federal lead agency in the environmental review process for a project study, in order to reduce paperwork and expedite decisionmaking, shall prepare a condensed final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

removed “(2) Condensed format—A condensed final environmental impact statement for a project study in the environmental review process shall consist only of—

removed “(A) an incorporation by reference of the draft environmental impact statement;

removed “(B) any updates to specific pages or sections of the draft environmental impact statement as appropriate; and

removed “(C) responses to comments on the draft environmental impact statement and copies of the comments.

removed “(3) Timing of decision—Notwithstanding any other provision of law, in conducting the environmental review process for a project study, the Federal lead agency shall combine a final environmental impact statement and a record of decision for the project study into a single document if—

removed “(A) the alternative approved in the record of decision is either a preferred alternative identified in the draft environmental impact statement or is a modification of such preferred alternative developed in response to comments on the draft environmental impact statement; and

removed “(B) the Federal lead agency has a written commitment from parties responsible for implementation of the measures applicable to the approved alternative that are identified in the final environmental impact statement that they will implement those measures.

removed “(i) Limitations—Nothing in this section shall preempt or interfere with—

removed “(1) any practice of seeking, considering, or responding to public comment; or

removed “(2) any power, jurisdiction, responsibility, or authority that a Federal or State agency, local government, Indian tribe, or non-Federal project sponsor has with respect to carrying out a project study or any other provision of law applicable to a project.

removed “(j) Timing of claims

removed “(1) In general—Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or other approval issued by a Federal agency for a project study shall be barred unless it is filed not later than 150 days after publication of a notice in the Federal Register announcing that the permit, license, or other approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law which allows judicial review. Nothing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or other approval.

removed “(2) New information—The Secretary shall consider new information received after the close of a comment period if the information satisfies the requirements for a supplemental environmental impact statement under title 40, Code of Federal Regulations. The preparation of a supplemental environmental impact statement or other environmental document when required by this section shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 150 days after the date of publication of a notice in the Federal Register announcing such action.

removed “(k) Categorical exclusions

removed “(1) In general—Not later than 180 days after the date of enactment of this subsection, the Secretary shall—

removed “(A) survey the use by the Corps of Engineers of categorical exclusions in projects;

removed “(B) publish a review of the survey that includes a description of—

removed “(i) the types of actions that were categorically excluded or may be the basis for developing a new categorical exclusion; and

removed “(ii) any requests previously received by the Secretary for new categorical exclusions; and

removed “(C) solicit requests from other Federal agencies and non-Federal project sponsors for new categorical exclusions.

removed “(2) New categorical exclusions—Not later than 1 year after the date of enactment of this subsection, if the Secretary identifies, based on the review under paragraph (1), a category of activities that merit establishing a categorical exclusion not in existence on the day before the date of enactment of this subsection, the Secretary shall publish a notice of proposed rulemaking to propose that new categorical exclusion, to the extent that the categorical exclusion meets the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (or successor regulation).

removed “(l) Implementation guidance—The Secretary shall prepare guidance documents that describe the processes that the Secretary will use to implement this section.”

removed The Secretary shall—

removed Section 911 of the Water Resources Development Act of 1986 (33 U.S.C. 2288) is repealed.

removed “(i) In general—A non-Federal interest may carry out construction for which studies and design documents are prepared under subsection (b) only if—

removed “(I) the Secretary approves the project for construction; and

removed “(II) the project is specifically authorized by Congress.”

removed “(B) Studies and design activities under subsection (c)—Any non-Federal interest that has received from the Secretary under subsection (c) a favorable recommendation to carry out a water resources development project, or separable element thereof, based on the results of completed studies and design documents for the project or element may carry out the project or element if—

removed “(i) a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been filed for the project or element; and

removed “(ii) the project is specifically authorized by Congress.”

removed “(D) if the project is specifically authorized by Congress.”

removed “(h) Operation and maintenance of navigation projects—Whenever a non-Federal interest constructs improvements to a harbor or inland harbor, the Secretary shall be responsible for maintenance in accordance with section 101(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(b)) if—

removed “(1) the Secretary determines, before construction, that the improvements, or separable elements thereof, are economically justified and environmentally acceptable;

removed “(2) the Secretary certifies that the project is constructed in accordance with applicable permits and the appropriate engineering and design standards;

removed “(3) the Secretary does not find that the project, or separable element thereof, is no longer economically justified or environmentally acceptable; and

removed “(4) the project is specifically authorized by Congress.

removed “(i) Implementation—All laws and regulations that would apply to the Secretary if the Secretary were carrying out a project shall apply to the non-Federal interest carrying out a project under this section.

removed “(j) Notification of committees—The Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate prior to initiation of negotiations with a non-Federal interest regarding the utilization of the authorities under this section.”

removed “225. Contributions by non-Federal interests for management of Corps of Engineers facilities”

removed Section 902 of the Water Resources Development Act of 1986 (33 U.S.C. 2280) is amended—

removed “(b) Contributions by non-Federal interests—Notwithstanding subsection (a), in accordance with section 5 of the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 22, 1936 (33 U.S.C. 701h), the Secretary may accept funds from a non-Federal interest for any authorized water resources development project that has exceeded its maximum cost under subsection (a), and use such funds to carry out such project, if the use of such funds does not increase the Federal share of the cost of such project.”

removed In any case where the modification or construction of a water resources development project carried out by the Secretary adversely impacts other Federal facilities, the Secretary may accept from other Federal agencies such funds as may be necessary to address the adverse impact, including by removing, relocating, or reconstructing such facilities.

removed “(i) In general—The ability”

removed “(ii) Determination—Not later than 180 days after the date of enactment of the Water Resources Reform and Development Act of 2013, the Secretary shall issue guidance on the procedures described in clause (i).”

removed “(e) Restrictions—The Secretary is authorized to carry out activities under this section in fiscal years 2014 through 2023.”

removed “(ii) Limitation—In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the Secretary shall apply—

removed “(I) the specific provision of law instead of this paragraph; or

removed “(II) at the request of the non-Federal interest, the specific provision of law and such provisions of this paragraph as the non-Federal interest may request.

removed “(iii) Statutory construction—Nothing in this subparagraph may be construed to affect the applicability of subparagraph (C).”

removed “(b) Definitions

removed “(1) Non-Federal interest—The term”

removed “(2) Water resources project—The term “water resources project” includes projects studied, reviewed, designed, constructed, operated and maintained, or otherwise subject to Federal participation under the authority of the civil works program of the Secretary of the Army for the purposes of navigation, flood damage reduction, ecosystem restoration, hurricane and storm damage reduction, water supply, recreation, hydroelectric power, fish and wildlife conservation, water quality, environmental infrastructure, resource protection and development, and related purposes.”

removed “(i) Construction

removed “(I) In general—In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this clause, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work and shall do so prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction.

removed “(II) Eligibility—Construction that is carried out after the execution of an agreement under subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement, shall be eligible for credit.

removed “(ii) Planning

removed “(I) In general—In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such planning and shall do so prior to the non-Federal interest initiating that planning.

removed “(II) Eligibility—Planning that is carried out by the non-Federal interest after the execution of an agreement under subclause (I) shall be eligible for credit.”

removed As part of the study for flood and storm damage reduction related to natural disasters to be carried out by the Secretary under title II of division A of the Disaster Relief Appropriations Act, 2013, under the heading “Department of the Army—Corps of Engineers—Civil—Investigations” (127 Stat. 5), the Secretary shall make specific project recommendations. In making recommendations pursuant to this section, the Secretary shall consult with key stakeholders, including State, county, and city governments, and, where applicable, State and local water districts, and in the case of recommendations concerning projects that substantially affect communities served by historically Black colleges and universities, Tribal Colleges and Universities, and other minority-serving institutions, the Secretary shall also consult with such colleges, universities, and institutions. The Secretary shall include those recommendations in the report entitled “Report to Congress on Future Water Resources Development”, developed in accordance with this Act.

removed “(4) develop and implement a comprehensive dam safety hazard education and public awareness initiative to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents;”

removed Section 2 of the Freedom to Fish Act (Public Law 113–13; 127 Stat. 449) is amended—

removed Section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following:

removed “(e) Levee safety

removed “(1) In general—At the request of a State or political subdivision thereof, and in consultation with that State and appropriate non-Federal interests, the Secretary may provide technical assistance to a State to—

removed “(A) encourage effective State or local programs intended to ensure levee safety to protect human life and property;

removed “(B) assist the State or political subdivision in establishing and carrying out a levee safety program; or

removed “(C) improve an existing State or local levee safety program.

removed “(2) Purposes—The purposes of technical assistance provided under this subsection shall be—

removed “(A) to ensure that human lives and property that are protected by new and existing levees are safe;

removed “(B) to encourage the use of appropriate engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness;

removed “(C) to encourage effective levee safety programs in a State;

removed “(D) to develop and support public education and awareness projects to increase public acceptance and support of levee safety programs;

removed “(E) to build public awareness of the residual risks associated with living in levee protected areas; and

removed “(F) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States.

removed “(3) Federal guidelines

removed “(A) In general—In carrying out this subsection, the Secretary, in consultation with States and non-Federal interests, shall establish Federal guidelines relating to levee safety.

removed “(B) Incorporation of Federal activities—The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable, activities and practices carried out by appropriate Federal agencies.

removed “(C) Incorporation of State and local activities—The guidelines established under subparagraph (A) shall encompass, to the maximum extent practicable—

removed “(i) the activities and practices carried out by States, local governments, and the private sector to safely build, regulate, operate, and maintain levees; and

removed “(ii) Federal activities that facilitate State efforts to develop and implement effective State programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed flood plain management, and public education and training programs.

removed “(D) Review—The Secretary shall allow States and non-Federal interests, including appropriate stakeholders, to review and comment on the guidelines established under subparagraph (A) before the guidelines are made final.

removed “(4) Assistance for State levee safety programs

removed “(A) Eligibility—To be eligible for technical assistance under this subsection, a State shall—

removed “(i) be in the process of establishing or have in effect a State levee safety program under which a State levee safety agency, in accordance with State law, carries out the guidelines established under paragraph (3); and

removed “(ii) allocate sufficient funds in the budget of that State to carry out such State levee safety program.

removed “(B) Work plans—The Secretary shall enter into an agreement with each State receiving technical assistance under this subsection to develop a work plan necessary for the State levee safety program of that State to reach a level of program performance that meets the guidelines established under paragraph (3).

removed “(C) Inspection programs—The Secretary shall work with States receiving technical assistance under this subsection to develop State technical guidelines for levee inspection programs that—

removed “(i) address hazard classifications and technically based frameworks for levee assessment; and

removed “(ii) are incorporated into State levee safety programs.

removed “(D) Maintenance of effort—Technical assistance may not be provided to a State under this subsection during a fiscal year unless the State enters into an agreement with the Secretary to ensure that the State will maintain during that fiscal year aggregate expenditures for programs to ensure levee safety that are at or above the average annual level of such expenditures for the State for the 2 fiscal years preceding that fiscal year.”

removed Section 204(a) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(a)) is amended by adding at the end the following:

removed “(4) Reducing costs—To reduce or avoid Federal costs, the Secretary shall consider the beneficial use of dredged material in a manner that contributes to the maintenance of sediment resources in the nearby coastal system.”

removed The Secretary, to the extent practicable, shall encourage the use of durable, resilient, and sustainable materials and practices, including the use of geosynthetic materials, advanced composites, and innovative technologies, in carrying out the activities of the Corps of Engineers.

removed Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201) is amended by adding at the end the following:

removed “(f) Report—After each fiscal year, if the Secretary did not allocate funds in accordance with subsection (b), the Secretary, in conjunction with the President’s next submission to Congress of a budget under section 1105(a) of title 31, United States Code, shall submit to Congress a report that describes—

removed “(1) the reasons why the Secretary did not allocate funds in accordance with subsection (b) during that fiscal year; and

removed “(2) the impact, on the jurisdiction of each Commission specified in subsection (b), of not allocating the funds, including with respect to—

removed “(A) water supply allocation;

removed “(B) water quality protection;

removed “(C) regulatory review and permitting;

removed “(D) water conservation;

removed “(E) watershed planning;

removed “(F) drought management;

removed “(G) flood loss reduction;

removed “(H) recreation; and

removed “(I) energy development.”

removed It is the sense of Congress that, at an appropriate time and in accordance with the rules of the House of Representatives and the Senate, to recognize the contributions of Donald G. Waldon, whose selfless determination and tireless work, while serving as administrator of the Tennessee-Tombigbee Waterway for 21 years, contributed greatly to the realization and success of the Tennessee-Tombigbee Waterway Development Compact, that the lock and dam located at mile 357.5 on the Tennessee-Tombigbee Waterway should be known and designated as the “Donald G. Waldon Lock and Dam”.

removed Section 104(a) of the River and Harbor Act of 1958 (33 U.S.C. 610(a)) is amended by inserting “and aquatic invasive species” after “noxious aquatic plant growths”.

removed Section 1156 of the Water Resources Development Act of 1986 (33 U.S.C. 2310) is amended—

removed “(b) Inflation adjustment—The Secretary shall adjust the dollar amount specified in subsection (a) for inflation for the period beginning on November 17, 1986, and ending on the date of enactment of this subsection.”

removed Section 301 of the Water Supply Act of 1958 (43 U.S.C. 390b) is amended—

removed “(c) Establishment of 10-Year plans for the utilization of future storage

removed “(1) In general—Beginning 180 days after the date of enactment of this subsection and not later than January 1, 2016, the Secretary may accept from an interested State or local interest a submission of a plan for the utilization of future use water storage under this Act.

removed “(2) Contents—A plan submitted under paragraph (1) shall include—

removed “(A) a 10-year timetable for conversion of future use storage to present use; and

removed “(B) a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Corps of Engineers, to seek new and alternative users of future water storage that is contracted to the State or local interest on the date of enactment of this subsection.”

removed Nothing in this Act authorizes the Secretary to carry out, at a Corps of Engineers dam or reservoir, any project for a purpose not otherwise authorized as of the date of enactment of this Act.

removed “(c) Assessment of operation and maintenance needs

removed “(1) In general—Not later than 90 days after the date of enactment of this subsection, and biennially thereafter, the Secretary shall assess the operation and maintenance needs of the harbors referred to in subsection (a)(2).

removed “(2) Types of harbors—In carrying out paragraph (1), the Secretary shall assess the operation and maintenance needs of the harbors used for—

removed “(A) commercial navigation;

removed “(B) commercial fishing;

removed “(C) subsistence, including utilization by Indian tribes (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) for subsistence and ceremonial purposes;

removed “(D) use as a harbor of refuge;

removed “(E) transportation of persons;

removed “(F) purposes relating to domestic energy production, including the fabrication, servicing, or supply of domestic offshore energy production facilities;

removed “(G) activities of the Secretary of the department in which the Coast Guard is operating;

removed “(H) activities of the Secretary of the Navy;

removed “(I) public health and safety related equipment for responding to coastal and inland emergencies;

removed “(J) recreation purposes; and

removed “(K) any other authorized purpose.

removed “(3) Report to Congress—For fiscal year 2015, and biennially thereafter, in conjunction with the President’s annual budget submission to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that, with respect to harbors referred to in subsection (a)(2)—

removed “(A) identifies the operation and maintenance costs associated with the harbors, including those costs required to achieve and maintain the authorized length, width, and depth for the harbors and the costs for expanded uses (as such term is defined in section 201(c)(2) of the Water Resources Reform and Development Act of 2013), on a project-by-project basis;

removed “(B) identifies the amount of funding requested in the President’s budget for the operation and maintenance costs associated with the harbors, on a project-by-project basis;

removed “(C) identifies the unmet operation and maintenance needs associated with the harbors, on a project-by-project basis; and

removed “(D) identifies the harbors for which the President will allocate funding over the next 5 fiscal years for operation and maintenance activities, on a project-by-project basis, including the amounts to be allocated for such purposes.”

removed “(d) Operation and maintenance of emerging harbor projects

removed “(1) In general—To the maximum extent practicable, the Secretary shall make expenditures to pay for operation and maintenance costs of the harbors referred to in subsection (a)(2), including expenditures of funds appropriated from the Harbor Maintenance Trust Fund, based on an equitable allocation of funds among all such harbors, regardless of the size or tonnage throughput of the harbor.

removed “(2) Criteria—In determining the equitable allocation of funds under paragraph (1), the Secretary shall—

removed “(A) utilize the information obtained in the assessment conducted under subsection (c);

removed “(B) consider the national and regional significance of harbor operation and maintenance;

removed “(C) where appropriate, consider national security and military readiness needs in consultation with the Secretary of the Navy; and

removed “(D) not make such allocation based solely on the tonnage transiting through a harbor.

removed “(3) Emerging harbors

removed “(A) In general—Notwithstanding paragraph (1), in making expenditures described in paragraph (1) for each of fiscal years 2015 and 2016, the Secretary shall allocate not less than 10 percent of the total amount of the expenditures to pay for operation and maintenance costs of emerging harbors.

removed “(B) Emerging harbor defined—In this paragraph, the term “emerging harbor” means a harbor referred to in subsection (a)(2) that transits less than 1,000,000 tons of commerce annually.

removed “(4) Emergency expenditures—Nothing in this subsection may be construed to prohibit the Secretary from making an expenditure to pay for the operation and maintenance costs of a specific harbor, including the transfer of funding from the operation and maintenance of a separate project, if—

removed “(A) the Secretary determines that the action is necessary to address the navigation needs of a harbor where safe navigation has been severely restricted due to an unforeseen event; and

removed “(B) the Secretary provides advance notice and information on the need for the action to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate.

removed “(5) Management of Great Lakes Navigation System—To sustain effective and efficient operation and maintenance of the Great Lakes Navigation System, including any navigation feature in the Great Lakes that is a Federal responsibility with respect to operation and maintenance, the Secretary shall manage and allocate funding for all of the individually authorized projects in the Great Lakes Navigation System as components of a single, comprehensive system, recognizing the interdependence of the projects.”

removed Section 2033(e) of the Water Resources Development Act of 2007 (33 U.S.C. 2282a(e)) is amended by adding at the end the following:

removed “(3) Deep draft navigation planning center of expertise

removed “(A) In general—The Secretary shall consolidate deep draft navigation expertise within the Corps of Engineers into a deep draft navigation planning center of expertise.

removed “(B) List—Not later than 60 days after the date of the consolidation required under subparagraph (A), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a list of personnel, including the grade levels and expertise of the personnel, assigned to the center described in subparagraph (A).”

removed In this subtitle, the following definitions apply:

removed “(b) Duties of Users Board

removed “(1) In general—The Users Board shall meet not less frequently than semiannually to develop and make recommendations to the Secretary and Congress regarding the inland waterways and inland harbors of the United States.

removed “(2) Advice and recommendations—For commercial navigation features and components of the inland waterways and inland harbors of the United States, the Users Board shall provide—

removed “(A) prior to the development of the budget proposal of the President for a given fiscal year, advice and recommendations to the Secretary regarding construction and rehabilitation priorities and spending levels;

removed “(B) advice and recommendations to Congress regarding any completed feasibility report in accordance with section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) relating to those features and components;

removed “(C) advice and recommendations to Congress regarding an increase in the authorized cost of those features and components;

removed “(D) not later than 60 days after the date of the submission of the budget proposal of the President to Congress, advice and recommendations to Congress regarding construction and rehabilitation priorities and spending levels; and

removed “(E) advice and recommendations on the development of a long-term capital investment program in accordance with subsection (d).

removed “(3) Project development teams—The chairperson of the Users Board shall appoint a representative of the Users Board to serve as an informal advisor to the project development team for a qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States.

removed “(4) Independent judgment—Any advice or recommendation made by the Users Board to the Secretary shall reflect the independent judgment of the Users Board.”

removed “(c) Duties of Secretary—The Secretary shall—

removed “(1) communicate not less than once each quarter to the Users Board the status of the study, design, or construction of all commercial navigation features or components of the inland waterways or inland harbors of the United States; and

removed “(2) submit to the Users Board a courtesy copy of all completed feasibility reports relating to a commercial navigation feature or component of the inland waterways or inland harbors of the United States.

removed “(d) Capital investment program

removed “(1) In general—Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Users Board, shall develop and submit to Congress a report describing a 20-year program for making capital investments on the inland and intracoastal waterways based on the application of objective, national project selection prioritization criteria.

removed “(2) Consideration—In developing the program under paragraph (1), the Secretary shall take into consideration the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Users Board.

removed “(3) Criteria—In developing the plan and prioritization criteria under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that investments made under the 20-year program described in paragraph (1)—

removed “(A) are made in all geographical areas of the inland waterways system; and

removed “(B) ensure efficient funding of inland waterways projects.

removed “(4) Strategic review and update—Not later than 5 years after the date of enactment of this subsection, and not less frequently than once every 5 years thereafter, the Secretary, in coordination with the Users Board, shall—

removed “(A) submit to Congress a strategic review of the 20-year program in effect under this subsection, which shall identify and explain any changes to the project-specific recommendations contained in the previous 20-year program (including any changes to the prioritization criteria used to develop the updated recommendations); and

removed “(B) make revisions to the program, as appropriate.

removed “(e) Project management plans—The chairperson of the Users Board and the project development team member appointed by the chairperson under subsection (b)(3) may sign the project management plan for the qualifying project or the study or design of a commercial navigation feature or component of the inland waterways and inland harbors of the United States.

removed “(f) Administration—The Users Board shall be subject to the Federal Advisory Committee Act, other than section 14, and, with the consent of the appropriate agency head, the Users Board may use the facilities and services of any Federal agency. For the purposes of complying with such Act, the members of the Users Board shall not be considered special Government employees (as defined in section 202 of title 18, United States Code). Non-Federal members of the Users Board while engaged in the performance of their duties away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code.”

removed Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare a report on the efficiency of collecting the fuel tax for the Inland Waterways Trust Fund, which shall include—

removed At least 90 days before carrying out a proposed modification to the operation of a lock at a project for navigation on the inland waterways, the Secretary shall—

removed Section 1117 of the Water Resources Development Act of 1986 (100 Stat. 4236) is amended to read as follows:

removed “1117. W.D. Mayo Lock and Dam

removed “(a) In General—The Cherokee Nation of Oklahoma may—

removed “(1) design and construct one or more hydroelectric generating facilities at the W.D. Mayo Lock and Dam on the Arkansas River, Oklahoma; and

removed “(2) market the electricity generated from any such facility.

removed “(b) Preconstruction Requirements

removed “(1) Permits—Before the date on which construction of a hydroelectric generating facility begins under subsection (a), the Cherokee Nation shall obtain any permit required under Federal or State law, except that the Cherokee Nation shall be exempt from licensing requirements that may otherwise apply to construction, operation, or maintenance of the facility under the Federal Power Act (16 U.S.C. 791a et seq.).

removed “(2) Review of plans and specifications—The Cherokee Nation may initiate the design or construction of a hydroelectric generating facility under subsection (a) only after the Secretary reviews and approves the plans and specifications for the design and construction.

removed “(c) Payment of design and construction costs

removed “(1) In general—The Secretary may accept funds offered by the Cherokee Nation and use such funds to carry out the design and construction of a hydroelectric generating facility under subsection (a).

removed “(2) Allocation of costs—The Cherokee Nation shall—

removed “(A) bear all costs associated with the design and construction of a hydroelectric generating facility under subsection (a); and

removed “(B) provide any funds necessary for the design and construction to the Secretary prior to the Secretary initiating any activities related to the design and construction.

removed “(d) Assumption of liability—The Cherokee Nation shall—

removed “(1) hold all title to a hydroelectric generating facility constructed under subsection (a) and may, subject to the approval of the Secretary, assign such title to a third party;

removed “(2) be solely responsible for—

removed “(A) the operation, maintenance, repair, replacement, and rehabilitation of the facility; and

removed “(B) the marketing of the electricity generated by the facility; and

removed “(3) release and indemnify the United States from any claims, causes of action, or liabilities that may arise out of any activity undertaken to carry out this section.

removed “(e) Assistance available—The Secretary may provide technical and construction management assistance requested by the Cherokee Nation relating to the design and construction of a hydroelectric generating facility under subsection (a).

removed “(f) Third party agreements—The Cherokee Nation may enter into agreements with the Secretary or a third party that the Cherokee Nation or the Secretary determines are necessary to carry out this section.”

removed The following final feasibility studies for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plan, and subject to the conditions, described in the respective reports designated in this section: